Trademark registration has territorial restrictions as the registration of trademark in ones country does not legally protect it from exploiting by other companies except for countries which have signed international treaties for trademark security but this will be concern for those corporate entities that have trade across borders.
Trademark registration is based on class: goods and services which are sub-classified into many different classes. A trademark is only protected within the class that it is registered and therefore protects it from third parties offering similar good and services. However it is said that, it is beneficiary to register a trademark across several classes in order to broaden the scope of protection.
Procedure to Register a Trademark:
The procedure for registration of trademark is contained in the Trademark act 1999.
1) Any person claiming to be the administrator of the trademark can apply for the registration process but before applying for registration, the applicant must conduct a search within the Trademark office to check if there are any similar trademarks already registered under the particular class.
2) A submission has to be filed with trademark registry in a prescribed manner to acquire registration by paying the requisite fee. The application is numbered as per the series and date.
3) Following this the Registrar will inspect the trademark to ascertain whether it is distinct and does not clash with existing registered or pending trademark and after forth examination report is issued.
4) After the assessment the application will be published after or before acceptance in the Trademark Journal.
5) Once publication is done then, if any person gives notice of his/her disagreement to the registration within three months which may be extensive to the maximum of one month than the trial will be conducted before the Registrar for the purpose of hearing both the parties. And if decided in the favor of applicant then the registry will issue applicant a Trademark registration Certificate.
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